NI Act Sec. 138 Service of Notice

Querist : Anonymous (Querist) 15 March 2018 This query is : Resolved
Complainant Send the Notice after Bouncing of Cheque to the 2 address of the accused:

1. Send the Notice to the address of flat of accused where accused does not Reside during the period of sending of Notice and the Complainant knows the same. Copy of Electricity Bill for the month of Sending Notice shows consumption of only 4 Units in that Month.

2. Send another Notice to the usual address of the accused but while mentioning the Address deliberately mentioned house No. 108 where as acual address was 180 and due to which Notice was returned undelivered.

Complaint filed in the court with the correct address House No. 180 .

And summon issued by the court at the correct Address.

As per the general presumption Notice under section 138 sent at the correct address through registered post returned undelivered is deemed to be delivered. And this view is also confirmed by the supreme Court also.

What the remedies available to the accused in the above circumstances.

Is there any case law in this regard where accused got relief due to sending of Notice to the accused at wrong address.

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Sudhir Kumar, Advocate (Expert) 16 March 2018
please state full facts of the case and how you are connected to the case.

Isaac Gabriel (Expert) 16 March 2018
The endorsement by the Postal Department for non-service shall be criterion for admission by the court.

Guest (Expert) 16 March 2018
Seems to be purely an academic query.

Is it your personal case and are you accused in the case?
Also what was the reason for the return of notice undelivered?

Querist : Anonymous (Querist) 16 March 2018
It's a real case of a person accused in a case pending in Patna Court.

Dr J C Vashista (Expert) 17 March 2018
If you are seeking obligation of experts FREE OF COST you will have to disclose your identity as per rules of this platform. No reply for an "anonymous" author. Otherwise consult a local lawyer.

Message likes : 1 times

Guest (Expert) 17 March 2018
What is your own concern with the case of an accused person? Why not that person get clarification from his own lawyer and for what purpose anonymously you want to know for and on behalf of the accused? Being anonymous person, you can also be the opposite party to the accused person.

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